Texas Border Business
By Roberto Hugo González / Texas Border Business
Texas is facing a brewing conflict over who has the authority to decide which identification documents are required to register a vehicle, after two lawmakers from opposite political perspectives raised sharply different concerns about the same issue. The controversy began on November 17, 2025, when State Representative Brian Harrison wrote a letter to Governor Greg Abbott urging immediate action to prevent “illegal aliens” from registering vehicles in Texas. Within days, the Texas Department of Motor Vehicles issued a new bulletin revising ID requirements — a move now being questioned for its legality and its impact on residents across the state.
In his letter to the governor, Rep. Harrison said, “Texas should be leading the fight against illegal immigration, not incentivizing it.” He expressed frustration that the DMV had previously told him “immigration policy is not within the department’s core functions historically.” Calling the agency’s existing practices “unacceptable,” Harrison argued that allowing undocumented individuals to register vehicles “not only incentivizes illegal immigration but also endangers Texas drivers and causes vehicle insurance to skyrocket.” Citing Transportation Code 502.040(b), he said the DMV has “broad authority” to determine acceptable identification and asked Abbott to “direct your appointees to immediately issue any and all rules necessary” to stop the practice.
The DMV’s bulletin appeared around November 18 and stated it was “effective immediately.” A follow-up communication was issued on November 25, attempting to clarify the agency’s new stance on foreign passports and Department of Homeland Security documents. Those abrupt actions prompted State Senator Juan “Chuy” Hinojosa to step in, raising concerns not about immigration but about legal procedure, public safety, and administrative chaos.
In a letter dated December 1 to DMV Executive Director Daniel Avitia, Sen. Hinojosa wrote, “I write to express my concerns regarding a bulletin that your agency issued… I would appreciate it if you could provide me with the legal basis for this bulletin.” He noted that Transportation Code 502.040 states that identification requirements must be set “by department rule.” He pointed out that the Texas Legislature did not change the statute this session and that the DMV “has not followed the proper rule-making process.”
Hinojosa emphasized that the Texas Administrative Procedure Act requires transparency and public participation when agencies alter rules. “The changes introduced by this bulletin impact our county tax assessor collectors and thousands of auto dealers across the state,” he wrote. He warned that the new policy could lead to “unregistered vehicles on the road, ghost titles, and the possibility that it could lead to law enforcement challenges in being able to trace and identify offenders based on fake registration — all public safety concerns.” The senator argued that such changes require “proper notice to the elected public officials and the impacted business owners.”
Hinojosa’s letter describes the bulletin as “too broad in nature” and states that it “undermines the Texas Administrative Procedure Act.” He added that the agency’s follow-up clarification, issued just days later, “underscores the importance of proper vetting for such changes.” According to him, the failure to follow the correct process “is already creating chaos and will lead to inconsistent implementation across the state.” He urged the DMV to pause the bulletin until it completes the legally required rulemaking steps.
The tension between the two lawmakers highlights a deeper political and procedural divide. Harrison pushed for swift administrative action to restrict access to state services for undocumented immigrants, framing the issue as part of a broader debate over border security. Hinojosa, by contrast, focused on the legal steps the DMV must follow, warning that rushed changes — regardless of the motivation — can disrupt state operations and create safety risks.
Both letters reveal the friction now facing the DMV: pressure from one side to act immediately, and pressure from another to slow down and comply with Texas law. As Hinojosa put it plainly, “I look forward to promptly receiving the legal basis for issuing this bulletin,” signaling that the dispute is not over. Whether the agency will defend its actions or reconsider them remains to be seen. Still, the debate has already broadened into a statewide discussion about authority, process, and the consequences of acting too fast in a system built on rules.
Read Senator Hinojosa’s letter below: :
See related story:
